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(a) in the interests of the person,

(b) for the protection of other people, or

(c) for the maintenance of public health.

(7) Where an immigration officer or constable keeps a person at a place under
5this paragraph, they must inform that person—

(a) of the reason for keeping them,

(b) of the maximum period for which they may be kept (taking into
account the effect of sub-paragraph (4)), and

(c) that it is an offence to abscond.

(8) 10An immigration officer or constable must, before exercising the powers
conferred by this paragraph, consult a public health officer to the extent that
it is practicable to do so.

Powers exercisable after assessment

58 (1) This paragraph applies where during a transmission control period—

(a) 15a person in Wales has been screened and assessed by a public health
officer (under paragraph 54 or otherwise) and—

(i) the screening confirmed that the person is infected or
contaminated with coronavirus, or

(ii) the screening was inconclusive, or

(b) 20a person has in Wales been assessed by a public health officer (under
paragraph 54 or otherwise) and the officer has reasonable grounds to
suspect that the person is potentially infectious.

(2) A public health officer may at any time during the transmission control
period impose such requirements and restrictions on the person as the
25officer considers necessary and proportionate—

(a) in the interests of the person,

(b) for the protection of other people, or

(c) for the maintenance of public health.

(3) Requirements under this paragraph may include requirements—

(a) 30to provide information to the public health officer or any specified
person;

(b) to provide details by which the person may be contacted during a
specified period;

(c) to go for the purposes of further screening and assessment to a
35specified place suitable for those purposes and do anything that may
be required under paragraph 54(1);

(d) to remain at a specified place (which may be a place suitable for
screening and assessment) for a specified period;

(e) to remain at a specified place in isolation from others for a specified
40period.

(4) Restrictions on a person under this paragraph may include restrictions, for
a specified period, on—

(a) the person’s movements or travel (within or outside the United
Kingdom);

(b) 45the person’s activities (including their work or business activities);

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(c) the person’s contact with other persons or with other specified
persons.

(5) Where a public health officer imposes a requirement or restriction on a
person under this paragraph, the officer must inform the person—

(a) 5of the reason for doing so, and

(b) that it is an offence to fail to comply with the requirement or
restriction.

(6) In deciding whether to impose a requirement referred to in sub-paragraph
(3)(d) or (e) the public health officer must have regard to a person’s
10wellbeing and personal circumstances.

(7) A public health officer may vary or revoke a requirement or restriction
imposed on a person (but may only extend the period to which a
requirement referred to in sub-paragraph (3)(d) or (e) or a restriction relates
in accordance with paragraph 59).

59 (1) 15The period specified in relation to a requirement referred to in paragraph
58(3)(d) or (e) (a “requirement to remain”), or in relation to any restriction
under paragraph 58, may not exceed 14 days.

(2) After the imposition of a requirement to remain or a restriction under
paragraph 58, a public health officer must—

(a) 20assess the person within 48 hours, and

(b) in the light of that assessment reconsider which requirements or
restrictions it is necessary and proportionate to impose on that
person under paragraph 58 for the purposes referred to in paragraph
58(2).

(3) 25The public health officer may, following reconsideration under sub-
paragraph (2)

(a) revoke the requirement to remain or the restriction or specify a
different period not exceeding 14 days in relation to it;

(b) substitute a different requirement or restriction under paragraph 58.

(4) 30If under sub-paragraph (3) the public health officer revokes the requirement
to remain or the restriction, the Welsh Ministers may, if satisfied that the
person is potentially infectious, re-impose the requirement or restriction (for
the period originally specified).

(5) If before the end of the period specified in relation to a requirement to
35remain or restriction (under paragraph 58(3) or sub-paragraph (3)(a)) —

(a) a public health officer reasonably suspects that the person will be
potentially infectious at the end of that period, and

(b) the officer considers that the requirement or restriction is still
necessary and proportionate for the purposes referred to in
40paragraph 58(2),

the officer may extend the period for a further specified period.

(6) Except in the case of a requirement referred to in paragraph 58(3)(e)
(requirement to remain in isolation), the further period specified under sub-
paragraph (5) may not exceed 14 days.

(7) 45Where the period to which a requirement to remain or restriction under
paragraph 58 relates is extended under sub-paragraph (5), a public health

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officer must review the requirement or restriction at least once in every
period of 24 hours.

(8) If on a review under sub-paragraph (7) the public health officer considers
that the person is no longer potentially infectious, the officer must revoke the
requirement to remain or the restriction.

(9) 5If on a review under sub-paragraph (7)—\Q

(a) sub-paragraph (8) does not apply, but

(b) the public health officer considers that the requirement to remain or
the restriction is no longer necessary and proportionate for the
purposes referred to in paragraph 58(2),

10the public health officer may substitute a different requirement or restriction
under paragraph 58 (which may not apply beyond the end of the further
period specified under sub-paragraph (5)).

60 Where a person is required to remain at a place under paragraph 58(3)(d) or
(e), the requirement may be enforced—

(a) 15by a constable or public health officer removing the person to the
place;

(b) by a constable or public health officer keeping the person at the
place;

(c) if the person absconds, by a constable taking the person into custody
20and returning them to that place or another place a public health
officer may specify.

61 (1) A person on whom a requirement or restriction is imposed under paragraph
58 may appeal against it (or against any variation of it or any extension of the
period to which it relates) to a magistrates’ court.

(2) 25On an appeal under this paragraph the court may—

(a) confirm the requirement or restriction (or variation or extension),
with or without modification, or

(b) quash the requirement or restriction (or variation or extension).

Children

62 (1) 30An individual who has responsibility for a child must, so far as reasonably
practicable, secure that the child complies with any direction, instruction,
requirement or restriction given to or imposed on the child under this Part
of this Schedule.

(2) An individual who has responsibility for a child must provide to a person
35exercising a power under this Part of this Schedule such information and
assistance in relation to the child as is reasonably necessary and practicable
in the circumstances.

(3) A power under this Part of this Schedule to direct or require a child to go to
a place may instead be exercised by directing or requiring an individual who
40has responsibility for the child to take the child to the place.

(4) A power under paragraph 54 or 58 may only be exercised in relation to a
child in the presence of—

(a) an individual who has responsibility for the child, or

(b) if the child is not accompanied by such an individual, an adult (not
45being a person on whom powers are conferred under this Part of this

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Schedule) that the person exercising the power considers to be
appropriate, having regard to any views of the child.

(5) Where a power under this Part of this Schedule is exercisable in relation to a
child but the child is not accompanied by an individual who has
responsibility for the child, the person by whom the power is exercisable
5must—

(a) if practicable, contact an individual who has responsibility for the
child before the power is exercised, or

(b) if that is not practicable, take reasonable steps after the power is
exercised to contact such an individual and inform them of any
10exercise of the power in relation to the child.

(6) Where a child has a right of appeal (see paragraph 61), the right may be
exercised by an individual who has responsibility for the child.

(7) For the purposes of this paragraph—

  • “adult” means a person aged 18 or over;

  • 15“child” means a person under the age of 18;

  • an individual has responsibility for a child—

    (a)

    if the individual has custody or charge of the child for the
    time being (without being a person on whom powers are
    conferred by this Part of this Schedule), or

    (b)

    20if the individual has parental responsibility for the child
    (within the meaning of the Children Act 1989).

Formalities

63 (1) A direction, instruction, requirement or restriction under this Part of this
Schedule may be given or imposed orally or in writing.

(2) 25But where a requirement or restriction under paragraph 58 is given to a
person orally by a public health officer, the public health officer must as soon
as reasonably practicable thereafter give the person a notice setting it out in
writing.

Ancillary powers

64 (1) 30A public health officer, constable or immigration officer may give reasonable
instructions to a person in connection with—

(a) a direction given to that person under a power conferred by this Part
of this Schedule, or

(b) removing the person to or keeping the person at a place under a
35power conferred by this Part of this Schedule.

(2) Where a public health officer, constable or immigration officer gives a
reasonable instruction to a person under sub-paragraph (1), the officer or
constable must inform that person—

(a) of the reason for the instruction, and

(b) 40that it is an offence to fail to comply with it.

(3) A power conferred by this Part of this Schedule to remove a person to a place
includes a power to keep the person for a reasonable period pending their
removal.

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(4) A constable or immigration officer may use reasonable force, if necessary, in
the exercise of a power conferred by this Part of this Schedule.

(5) A constable may enter any place for the purpose of the exercise of a power
conferred by this Part of this Schedule.

5Guidance and advice

65 (1) A person exercising a power conferred by this Part of this Schedule must
have regard to—

(a) any relevant guidance issued, before or after the passing of this Act,
by the relevant authority, and

(b) 10any advice given by a public health officer in relation to any
particular case.

(2) In sub-paragraph (1) “relevant authority” means—

(a) in relation to the exercise of a power by a constable or immigration
officer, the Secretary of State;

(b) 15in relation to the exercise of a power by a public health officer, the
Welsh Ministers.

(3) Before issuing guidance under this paragraph in relation to constables, the
Secretary of State must consult the Welsh Ministers.

End of transmission control period

66 20When the transmission control period during which a power conferred by
this Part of this Schedule is exercised comes to an end, any requirement or
restriction imposed under the power ceases to have effect in respect of times
after the end of the period.

Offences

67 (1) 25A person commits an offence if the person—

(a) fails without reasonable excuse to comply with any direction,
reasonable instruction, requirement or restriction given to or
imposed on the person under this Part of this Schedule,

(b) fails without reasonable excuse to comply with a duty under
30paragraph 62(1) or (2) (duties of individuals who have responsibility
in relation to a child),

(c) absconds or attempts to abscond while being removed to or kept at
a place under this Part of this Schedule,

(d) knowingly provides false or misleading information in response to a
35requirement to provide information under this Part of this Schedule
or otherwise in connection with the exercise of any power under this
Part of this Schedule, or

(e) obstructs a person who is exercising or attempting to exercise a
power conferred by this Part of this Schedule.

(2) 40A person guilty of an offence under this paragraph is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.

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Revocation of regulations

68 (1) The Health Protection (Coronavirus) (Wales) Regulations 2020 (S.I. 2020/
308 (W. 68)) (“the 2020 Regulations”) are revoked.

(2) The declaration made by the Welsh Ministers on 17 March 2020 under
5regulation 3 of the 2020 Regulations is to be regarded as a declaration made
by the Welsh Ministers under paragraph 48 of this Schedule.

(3) The revocation of the 2020 Regulations does not affect any requirement
imposed on a person under regulation 4 of those Regulations (detention).

(4) Any requirement or restriction which—

(a) 10is imposed on a person under regulation 5, 7 or 8 of the 2020
Regulations, and

(b) which, but for the revocation of the 2020 Regulations, would
continue to have effect in relation to times after the coming into force
of this paragraph,

15is to be regarded as having been imposed under paragraph 58 of this
Schedule.

(5) A person who, at the time the 2020 Regulations are revoked, is being
removed or kept under regulation 13(2)(b) or (c) is to be treated as removed
or kept under (respectively) paragraph 51(2)(b) or 57(2) of this Schedule.

20Part 5 Powers relating to potentially infectious persons in Northern Ireland

Declarations of risks of coronavirus in Northern Ireland

69 (1) If at any time the Department of Health is of the view that—

(a) the incidence or transmission of coronavirus constitutes a serious
25and imminent threat to public health in Northern Ireland, and

(b) the powers conferred by this Part of this Schedule will be an effective
means of delaying or preventing significant further transmission of
coronavirus in Northern Ireland,

the Department of Health may make a declaration to that effect.

(2) 30If, having made a declaration under this paragraph, the Department of
Health ceases to be of the view referred to in sub-paragraph (1), it must
revoke the declaration.

(3) A declaration or the revocation of a declaration under this paragraph—

(a) is to be made by being published online, and

(b) 35must, as soon as reasonably practicable after it is made, also be
published in the Belfast Gazette.

(4) The Department of Health may make a declaration under this paragraph on
more than one occasion.

(5) Before making or revoking a declaration under this paragraph the
40Department of Health must consult the Chief Medical Officer or any of the
Deputy Chief Medical Officers of the Department of Health.

70 In this Part of this Schedule, “transmission control period” means a period
which—

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(a) begins when a declaration is made under paragraph 69, and

(b) ends when the declaration is revoked.

Powers to direct or remove persons to a place suitable for screening and assessment

71 (1) This paragraph applies if, during a transmission control period, a public
5health officer has reasonable grounds to suspect that a person in Northern
Ireland is potentially infectious.

(2) The public health officer may, subject to sub-paragraph (3)

(a) direct the person to go immediately to a place specified in the
direction which is suitable for screening and assessment,

(b) 10remove the person to a place suitable for screening and assessment,
or

(c) request a constable to remove the person to a place suitable for
screening and assessment (and the constable may then do so).

(3) A public health officer may exercise the powers conferred by this paragraph
15in relation to a person only if the officer considers that it is necessary and
proportionate to do so—

(a) in the interests of the person,

(b) for the protection of other people, or

(c) for the maintenance of public health.

(4) 20Where a public health officer exercises the powers conferred by this
paragraph, the officer must inform that person—

(a) of the reason for directing or removing them, and

(b) that it is an offence—

(i) in a case where a person is directed, to fail without reasonable
25excuse to comply with the direction, or

(ii) in a case where a person is removed (by the officer or by a
constable), to abscond.

72 (1) This paragraph applies if, during a transmission control period—

(a) a constable, or

(b) 30an immigration officer in the course of exercising any of their
functions,

has reasonable grounds to suspect that a person in Northern Ireland is
potentially infectious.

(2) The immigration officer or constable may, subject to sub-paragraph (3)

(a) 35direct the person to go immediately to a place specified in the
direction which is suitable for screening and assessment, or

(b) remove the person to a place suitable for screening and assessment.

(3) An immigration officer or constable may exercise the powers conferred by
this paragraph in relation to a person only if the officer or constable
40considers that it is necessary and proportionate to do so—

(a) in the interests of the person,

(b) for the protection of other people, or

(c) for the maintenance of public health.

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(4) Where an immigration officer or constable exercises the power to direct or
remove a person under this paragraph, the officer or constable must inform
that person—

(a) of the reason for directing or removing them, and

(b) 5that it is an offence—

(i) in a case where a person is directed, to fail without reasonable
excuse to comply with the direction, or

(ii) in a case where a person is removed, to abscond.

(5) An immigration officer or constable must, before exercising the powers
10conferred by this paragraph, consult a public health officer to the extent that
it is practicable to do so.

Powers exercisable at a screening and assessment place: public health officers

73 (1) Paragraphs 74 to 76 apply where, during a transmission control period—

(a) a person is (whether or not pursuant to the exercise of powers under
15this Part of this Schedule) at a place in Northern Ireland which is
suitable for screening and assessment, and

(b) a public health officer has reasonable grounds to suspect that the
person is potentially infectious.

(2) A public health officer may exercise a power conferred by paragraphs 74 to
2076 only if the officer considers that it is necessary and proportionate to do
so—

(a) in the interests of the person,

(b) for the protection of other people, or

(c) for the maintenance of public health.

74 (1) 25A public health officer may require the person referred to in paragraph 73 to
remain at the place for screening and assessment purposes for a period not
exceeding 48 hours.

(2) Where a public health officer requires a person to remain at a place under
this paragraph, the officer must inform that person—

(a) 30of the reason for imposing the requirement,

(b) of the maximum period the person may be required to remain there,
and

(c) that it is an offence to fail to comply with the requirement.

(3) A requirement imposed on a person under this paragraph may be enforced
35by a public health officer or a constable keeping the person at the place.

75 (1) A public health officer may—

(a) require the person referred to in paragraph 73 to be screened and
assessed, and

(b) impose other requirements on the person in connection with their
40screening and assessment.

(2) Requirements under sub-paragraph (1)(a) may in particular include
requirements on a person—

(a) at such times as the public health officer may specify—

(i) to provide a biological sample, or

(ii) 45to allow a healthcare professional to take a biological sample
by appropriate means;

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(b) to answer questions and provide information about their health or
other relevant matters (including their travel history and other
individuals with whom they may have had contact).

(3) In sub-paragraph (2)(a)(ii) “healthcare professional” means —

(a) 5a registered medical practitioner,

(b) a registered nurse, or

(c) such other registered healthcare professional as may be designated
by the Department of Health.

(4) Requirements under sub-paragraph (1)(b) may in particular include
10requirements on a person—

(a) to produce any documents which may assist in their assessment;

(b) to provide details by which they may be contacted during such
subsequent period as the public health officer may specify.

76 (1) If a public health officer considers it appropriate for the purposes of
15screening or assessing the person, the officer may—

(a) direct the person referred to in paragraph 73 to go immediately to
another place which is specified in the direction and is suitable for
those purposes,

(b) remove the person to another place suitable for those purposes, or

(c) 20request a constable to remove the person to another place suitable for
those purposes (and the constable may then do so).

(2) Where a public health officer exercises the powers conferred by this
paragraph, the officer must inform that person—

(a) of the reason for directing or removing them, and

(b) 25that it is an offence—

(i) in a case where a person is directed, to fail without reasonable
excuse to comply with the direction, or

(ii) in a case where a person is removed (by the officer or by a
constable), to abscond.

77 30Where the powers in paragraph 71, 72 or 76 are exercised in relation to a
person in a place so as to direct them to go to, or remove them to, another
place, paragraphs 74 to 76 apply in relation that person afresh in that other
place.

Powers exercisable at a screening and assessment place: constables and immigration officers

78 (1) 35This paragraph applies where, during a transmission control period—

(a) a person is (whether or not pursuant to the exercise of powers under
this Part of this Schedule) at a place in Northern Ireland which is
suitable for screening and assessment, and

(b) an immigration officer or a constable has reasonable grounds to
40suspect that the person is potentially infectious.

(2) The immigration officer or constable may, subject to sub-paragraphs (3) to
(6), keep the person at that place until such time as a public health officer can
exercise the functions under paragraphs 74 to 76 in relation to that person.

(3) A person may not under sub-paragraph (2) be kept—

(a) 45by a constable, for a period exceeding 24 hours, or

(b) by an immigration officer, for a period exceeding 3 hours.

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(4) If before the end of the period referred to in sub-paragraph (3)(a) or (b) the
immigration officer or constable considers that it is necessary to extend the
period because it is not reasonably practicable for a public health officer to
exercise the functions under paragraphs 74 to 76 before the end of that
5period, the officer or constable may, with the consent of a relevant officer,
extend the period for a further—

(a) 24 hours, in the case of keeping by a constable, or

(b) 9 hours, in the case of keeping by an immigration officer.

(5) In sub-paragraph (4) “relevant officer” means—

(a) 10a constable of the rank of superintendent or above, in the case of
keeping by a constable, or

(b) an immigration officer of the rank of senior immigration officer or
above, in the case of keeping by an immigration officer.

(6) An immigration officer or constable may keep a person under this
15paragraph only if they consider it is necessary and proportionate to do so—

(a) in the interests of the person,

(b) for the protection of other people, or

(c) for the maintenance of public health.

(7) Where an immigration officer or constable keeps a person at a place under
20this paragraph, they must inform that person—

(a) of the reason for keeping them,

(b) of the maximum period for which they may be kept (taking into
account the effect of sub-paragraph (4)), and

(c) that it is an offence to abscond.

(8) 25An immigration officer or constable must, before exercising the powers
conferred by this paragraph, consult a public health officer to the extent that
it is practicable to do so.

Powers exercisable after assessment

79 (1) This paragraph applies where, during a transmission control period—

(a) 30a person in Northern Ireland has been screened and assessed by a
public health officer (under paragraph 75 or otherwise) and—

(i) the screening confirmed that the person is infected or
contaminated with coronavirus, or

(ii) the screening was inconclusive, or

(b) 35a person in Northern Ireland has been assessed by a public health
officer (under paragraph 75 or otherwise) and the officer has
reasonable grounds to suspect that the person is potentially
infectious.

(2) A public health officer may at any time during the transmission control
40period impose such requirements and restrictions on the person as the
officer considers necessary and proportionate—

(a) in the interests of the person,

(b) for the protection of other people, or

(c) for the maintenance of public health.

(3) 45Requirements under this paragraph may include requirements—